Nunz v. De Cillis

— Order modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party. Memorandum: We think that since the dismissal of the petition appears to have been made on technical grounds, such dismissal should be with the right to renew rather than upon the merits. The amended petition should, pursuant to section 1288 of the Civil Practice Act, contain a plain and concise statement of the material facts upon which the petitioner relies and should be verified. Certain inadequacies also appear in the respondent’s papers. We direct the respondent’s…